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DIRECTOR, OWCP, U.S. DEPT. OF LABOR v. BACA

No. 90-9512.

927 F.2d 1122 (1991)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. James BACA, Respondent.

United States Court of Appeals, Tenth Circuit.

March 7, 1991.

Attorney(s) appearing for the Case

Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., for Black Lung Benefits, Barbara J. Johnson, Counsel for Appellate Litigation, and Patricia M. Nece, Atty., U.S. Dept. of Labor, on the brief, for petitioner.

James R. Collins, Denver, Colo., for respondent.

Before ANDERSON, TACHA, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

The Director of the Office of Workers' Compensation Programs (OWCP) seeks review of a United States Department of Labor Benefits Review Board (the Board) order affirming an administrative law judge's (ALJ) attorneys fee award. We have jurisdiction to consider this appeal pursuant to 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c). Because we conclude the Board's interpretation of the relevant statute is contrary to its plain language, we...

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